MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            17 October 2002
	DOCKET NUMBER:   AR2002070467

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Richard T. Dunbar		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That the separation code currently reflected on his Certificate of Release or Discharge (DD Form 214) be corrected to show that he was separated from the Army early for the Convenience of the Government.

APPLICANT STATES:  That he indicated that he would like to separate early from the Army to attend college and his superiors told him that it would be arranged.  He states that he was shocked to discover that he was ineligible for Montgomery GI Bill (MGIB) benefits after he separated from the Army.  

EVIDENCE OF RECORD:  The applicant's military records show:

On 30 July 1993, he enlisted in the Army in the pay grade of E-1.  He successfully completed his training as an infantryman.  He was promoted to the pay grade of E-2 on 30 January 1994 and to the pay grade of E-3 on 1 August 1994.

Although the record of nonjudicial punishment (NJP) is unavailable for review, the available records show that NJP was imposed against the applicant on 11 August 1994, for wrongful possession of lysergic acid diethylamide (LSD).  The records are unclear as to the nature of his punishment.

On 30 September 1995, he was promoted to the pay grade of E-4.

The applicant had NJP imposed against him again on 13 October 1995, for under age drinking of alcohol.  The nature of his punishment for this incident is also unavailable for review.

On 9 February 1996, the applicant was notified that he was being recommended for a bar from reenlistment.  His commanding officer (CO) based the recommendation on the applicant’s inability to follow established regulations.  His CO stated that he had shown that he could not adhere to military regulations that established order and control in the Army.  The applicant acknowledged receipt of the notification indicating that he had been furnished a copy and that he would not appeal the bar to reenlistment.  The appropriate authority approved the bar to reenlistment on 13 February 1996.

The applicant submitted a Personnel Action (DA Form 4187) on 22 February 1996, requesting that he be separated immediately from the Army in accordance with Army Regulation 635-200, chapter 16-5, based on his inability to overcome the bar to reenlistment.  At the time he submitted his DA Form 4187, he underwent voluntary separation education counseling regarding the status of MGIB entitlements.  He acknowledged that he was not entitled to receive MGIB benefits and that he was not eligible to receive a refund of monies from his reduced basic pay.

The appropriate authority approved the request for separation on 27 March 1996. Accordingly, on 17 April 1996, the applicant was discharged under honorable conditions, under the provisions of Army Regulation 635-200, chapter 16-5b, based on his inability to overcome a locally imposed bar to reenlistment.  He had completed 2 years, 8 months and 18 days of total active service and he was assigned an MGH (Non-Retention on Active Duty) separation code.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 16 covers discharges caused by changes in service obligations. Paragraph 16-5 applies to personnel denied reenlistment and provides that soldiers who receive DA imposed or locally imposed bars to reenlistment, and who perceive that they will be unable to overcome the bar may apply for immediate discharge.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The actions by the Army in this case were proper and there is no doubt to be resolved in favor of the applicant.

2.  He has submitted neither probative evidence nor a convincing argument in support of the request.

3.  The Board has noted his contentions; however, they are unsubstantiated by the evidence of record.  The record clearly shows that he voluntarily submitted a request for immediate separation based on his being barred from reenlistment.  He also underwent voluntary separation education counseling regarding the status of MGIB entitlements and he acknowledged that he was made aware that he was not entitled to receive MGIB benefits.  

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__mvt___  ___jhl ___  __rtd ___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002070467	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/10/17	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  471	144.0720	
2.		
3.		
4.		
5.		
6.